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11cvolley

Asked For A Ersonal Hearing 6 Months Ago

Question

Almost 6 months since I appealed and asked for my case to be heard by a review officer at my local VSO. The kind that I would go to and sit down with them. My appeal is still in the first step on ebenefits...

Appeal Pending...

You have initiated an appeal, but at this point your case is still with the local VA office that made the decision on your case. If you have questions about your appeal, please contact that office or your representative, if you have one.

Is this normal or what?

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2 answers to this question

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Greetings

Maybe this will give some insight:

Cut and pasted from a iris inquiry response I received just today:

"In addition, we received your Notice of Disagreement (NOD) on April 18, 2011 at the regional office (RO) in Atlanta. You elected a review by a decision review officer (DRO). Right now, your appeal is awaiting that review.

If we need additional information, we will notify you. If we do not need any additional information, the DRO will render a decision, and you will receive written notification.

The processing of an NOD averages about 394 days. The length of time it takes to process your NOD depends on the specifics of your case and VA’s pending workload."

My inquiry was concerning a second NOD which was not recorded on eBenefits. Have return receipt. after 22 working days, it was not listed under appeals, thus I made the

inquiry. VA claims non receipt. So I sent them a second copy of the second NOD. One problem you will have is that one never knows for certain what is in the C file unless

you get a copy or ask to see the file. Me, I'm waiting on a copy since 5/25/2012.

IMO you will wait longer for a sit down review than one done without a sit down. Will you receive any better treatment, I don't know.

My 1st NOD has been at the VA for 595 days (significantly longer than the average of 394 days) and was for one contention as was the claim. The 1st NOD was to St Petersburg VARO,

the second to Atlanta. Statistically VA figures show that Atlanta is now slightly worse than St Petersburg if you count such things as # of claims processed, backlog, errors, etc when I

think it used to be the other way around. Just my luck.

I am handling my own claims. Appeals may prove to be too difficult, don't know yet.

All you can do is wait. Spend your time researching your issues and gathering additional evidence.

Good luck and DO NOT GIVE UP.

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Thanks for the reply. I got awarded 70% ptsd without any appeals. But my therapist and I both think I should be IU or 100%. She thinks that 70% was a low ball offer.

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